Following on from our recent post regarding Environmental Protection Agency (EPA) policy and the controversy surrounding it , on May 13, 2020, seven states brought an action in the Southern District of New York against the EPA to challenge the agency policy under which the EPA has stated it “will not” enforce a wide range of monitoring and reporting requirements under federal environmental laws. As we previously blogged, the EPA justified the “Temporary Policy on COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program” (non-enforcement policy), as a necessary response to the COVID-19 pandemic. The states bringing the suit argue that the non-enforcement policy gives parties free rein to self-determine when compliance with federal environmental laws is not practical because of COVID-19. They also claim the non-enforcement policy makes it optional for parties to report that noncompliance to the EPA, and to state and local agencies. The states bringing suit argue that the policy’s effective waiver of these requirements exceeds the EPA’s authority. The May 13, 2020 suit was lodged by the attorneys general of California, Illinois, Maryland, Michigan, Minnesota, Oregon, Virginia, and Vermont, as well as New York. Stay tuned here for updates.